Zugic v Vesuvius Australia Pty Ltd (No 2) [2020] NSWSC 1738

Supreme Court New South Wales

Medium Neutral Citation: Zugic v Vesuvius Australia Pty Ltd (No 2) [2020] NSWSC 1738 Hearing dates: On the papers Decision date: 04 December 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order pursuant to s 98(4)(c) of the Civil Procedure Act that the costs ordered in favour of the defendant in these proceedings on 21 February 2020 be fixed as a gross sum of $486,044.67 and be payable forthwith. 2. Order that the sum of $275,000 together with all interest thereon, which is held in an interest-bearing controlled moneys account in the joint names of the solicitors for the parties as security for the defendant's costs of the proceedings be released and paid immediately to the defendant in part satisfaction of the costs order in order 1 above. 3. Order that the plaintiff pay the defendant's costs of and incidental to the notice of motion filed 21 October 2020. Catchwords: COSTS — Costs assessment — Gross sum costs order Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98, 101 Cases Cited: Auspine Ltd v Australian Newsprint Mills Ltd (1999) 93 FCR 1; [1999] FCA 673 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Leary v Leary [1987] 1 All ER 261; [1987] 1 WLR 72 Microsoft Corporation v Jiang [2003] FCA 101 Trendtex Trading Corporation v Credit Suisse [1982] AC 679; [1981] 3 All ER 520 Zugic v Vesuvius Australia Pty Ltd [2020] NSWSC 106 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Damjan Zugic (Plaintiff/Respondent) Vesuvius Australia Pty Ltd (Defendant/Applicant) Representation: Counsel: PT Russell (Defendant/Applicant)